Propert Manger never collected security deposit from tenant

[Bryan OBra]

We recently had a tenant move out in a huff leaving the house trashed. We were expecting to use the security deposit to help cover some of the costs but the property manager never collected one even though the lease required it. Tenant said he paid one but PM books show it was never collected. PM is refusing to give me the security deposit amount to clean up the house. If they didn't collect they violated the contract agreement and still collected management fees from me. What can I do?

[David Woz]

Ask the tenant to produce the canceled check..... then switch PM no mater what....   Collecting a damage deposit is a core task of a PM that you pay for and they either failed to do it, or failed to properly record it... either way, unacceptable.   

Consider small claims court if the lease says it is due and it wasn't collected.   At some point you signed (or should have) signed an agreement with that PM to act as your agent to lease your house, including collecting that... and they failed to do it.

Good luck.